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Marroquin v. Gordon
3:25-cv-01075
S.D. Cal.
Jun 11, 2025
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Background

  • Frank Anthony Marroquin filed a civil suit, proceeding pro se, against Mr. Gordon of the California DMV.
  • Marroquin sought to have his driver’s license reinstated or a court order directing the DMV to do so.
  • Marroquin filed a motion to proceed in forma pauperis (IFP) due to financial hardship, but the court found his submission insufficient.
  • The court found Marroquin’s financial affidavit lacked detail, particularly concerning his means for basic living expenses.
  • Even if IFP were granted, the court evaluated the substance of Marroquin's complaint under 28 U.S.C. § 1915(e)(2)(B) and found it legally deficient.
  • The court determined it lacked power to issue a writ of mandamus compelling a state official to act and dismissed the action.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Eligibility for IFP Marroquin cannot afford court costs. Insufficient evidence of poverty Court: IFP denied; financial info too vague
Federal court power to issue mandamus Court should compel DMV to reinstate license Federal courts lack such power Court: Cannot mandamus state officials
Sufficiency of complaint Complaint supports relief via mandamus/clarity Complaint fails to state a claim Court: Complaint dismissed under screening standards
Proper forum for relief Sought federal intervention Relief belongs in state court Court: Remedy, if any, lies in state court

Key Cases Cited

  • Moore v. Maricopa Cnty. Sheriff's Office, 657 F.3d 890 (9th Cir. 2011) (any person may seek IFP status, not just prisoners)
  • Rodriguez v. Cook, 169 F.3d 1176 (9th Cir. 1999) (discusses IFP process)
  • Escobedo v. Applebees, 787 F.3d 1226 (9th Cir. 2015) (standards for IFP applications and allegations of indigency)
  • Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000) (mandatory screening for IFP complaints)
  • Clark v. Washington, 366 F.2d 678 (9th Cir. 1966) (federal courts cannot issue mandamus to direct state officials)
Read the full case

Case Details

Case Name: Marroquin v. Gordon
Court Name: District Court, S.D. California
Date Published: Jun 11, 2025
Docket Number: 3:25-cv-01075
Court Abbreviation: S.D. Cal.